V.A.Ameera vs The State Of Kerala
2021 Latest Caselaw 16129 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                        WP(C) NO. 15470 OF 2021
PETITIONER:

          V.A.AMEERA
          AGED 35 YEARS
          WIFE OF ABDULLA, AMBATTU HOUSE, P.O VENGOLA,
          MEPRATHUPADY, PERUMBAVOOR, ERNAKULAM DISTRICT (FORMER
          LOWER PRIMARY SCHOOL ASSISTANT, DARUSSALAM LOWER
          PRIMARY SCHOOL, THRIKKAKARA, COCHIN 682 021)

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM 695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM 695 014

    3     THE ASSISTANT EDUCATIONAL OFFICER
          ALUVA, ERNAKULAM DISTRICT 683101

    4     THE MANAGER
          DARUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA,
          COCHIN 682 021

    5     THE HEADMISTRESS
          DARUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA,
          COCHIN 682 021



          SMT. PARVATHY KOTTOL-G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15470 OF 2021                  2


                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) call for the records relating to Exhibit P-8 and set aside the original of the same to the extent it denies approval to the appointment of the Petitioner on a regular basis by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to approve the appointment of the Petitioner on a regular basis beyond 14.07.2008 and forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to include the Petitioner in "Teachers Bank" and grant her deployment forthwith.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-9 after affording an opportunity of being heard to the Petitioner within a time limit.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner was appointed as L.P.S.A. in the 4th respondent's school on

05.06.2006. The appointment was initially not approved and the

petitioner was, thereafter, appointed against a leave vacancy on

01.06.2010. The said appointment in the leave vacancy was approved

only on daily wages. It is submitted that long thereafter, by Ext.P5 order

dated 12.10.2020, the initial appointment of the petitioner in the

academic year 2006-07 and 2007-08 stands approved. The petitioner

therefore approached the Government seeking consequential orders of

approval of appointment during the subsequent periods also

maintaining the 1:40 ratio and for inclusion of the petitioner's name in

the Teachers Package and for approval in the leave vacancy on a scale

of pay. It is submitted by the learned counsel for the petitioner that

Ext.P9 revision petition is pending since June 2021 and no orders have

been passed thereon.

Having heard the learned Government Pleader also, there will be

a direction to the 1st respondent to take up, consider and pass orders on

Ext.P9 revision petition preferred by the petitioner with notice to the

petitioner as well as the 4th respondent and after hearing them through

any appropriate means, including video conferencing within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 15470/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05-06-2006

Exhibit P2 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 22-05-2011 (WITHOUT ANNEXURES)

Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

10765/2013 DATED 29-07-2019

Exhibit P4 TRUE COPY OF THE G.O(RT) NO.

588/2020/G.EDN DATED 01-02-2020

Exhibit P5 TRUE COPY OF THE ORDER NO. D/3308/2020 DATED 12-10-2020 OF THE AEO, ALUVA

Exhibit P6 TRUE COPY OF THE ORDER NO. C/2812/08 DATED 26-11-2009 OF THE AEO, ALUVA.

Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER 2009-2010 DATED 31-08-2009

Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2010 AND APPROVAL RECORDED THEREON

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10-06-2021 (WITHOUT EXHIBITS)